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Duhaime's Law Dictionary

Dangerous Driving Definition:

The operating of a motor vehicle in a manner which has as one of its inherent qualities the exposure of the public to harm or injury.

In Binus, Justice Judson of Canada's Supreme Court adopted these words in regards to dangerous driving:

"To convict of dangerous driving ... no proof is required of mens rea in the sense of either intention to jeopardize the lives or safety of others or recklessness as to such consequences.

"It is sufficient for the Crown to prove beyond a reasonable doubt that the accused did not drive with the care that a prudent person would exercise in the circumstances confronting him having regard to the nature, condition, and use of the place where the accused was driving and the amount of traffic that was or might reasonably have been expected to be in such place, and that the accused in failing to exercise such care in fact endangered the lives or safety of others whether or not harm resulted."

"It is clear that the basis of liability for dangerous driving is negligence. The question to be asked is not what the accused subjectively intended but rather whether, viewed objectively, the accused exercised the appropriate standard of care. It is not overly difficult to determine when a driver has fallen markedly below the acceptable standard of care. There can be no doubt that the concept of negligence is well understood and readily recognized by most Canadians. Negligent driving can be thought of as a continuum that progresses, or regresses, from momentary lack of attention giving rise to civil liability through careless driving under a provincial Highway Traffic Act to dangerous driving under the Criminal Code."

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Duhaime Lawisms

Lawyers, I suppose, were children once.
Charles Lamb (1775-1834) in The Old Benchers of the Inner Temple

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.